Arti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7925 of 2017 Arising Out of PS.Case No. -105 Year- 2016 Thana -SAHAR District- BHOJPUR ====================================================== Arti Devi W/o Arvind Rawani R/o Village - Ekbari, P.S. - Sahar, Dist. - Bhojpur (Ara).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Pocso 36/16, arising out of Sahar P.S. Case No. 105/16 instituted for the offence under sections 366(A)/376 of the Indian Penal Code and Section 4 of the Pocso Act.

It is alleged in the complaint petition which was sent to the police under 156(3) Cr.P.C. that petitioner who is Bhabhi of Ravi Rawani @ Kallu Rawani brought the informant to her house and gave some article to eat, as a result of which, she became intoxicated and thereafter, this petitioner alongwith Ravi Rawani took the informant on a vehicle towards railway station. She was brought at Panipat where co- accused Ravi Rawani committed rape with her on each and every date till staying there. Case diary has been received.

Patna High Court Cr.Misc. No.7925 of 2017 (3) dt.18-03-2017 2/2 The statement of the victim girl has been recorded under section 164 Cr.P.C.

In para 58 of the case diary, the victim girl has levelled specific allegation of committing rape with her against Ravi Rawani.

The victim girl was medically examined. Medical report is available in case diary wherein the doctor has stated that neither spermatozoa nor any injury was found in her private part. It has been submitted that Ravi Rawani is already in custody.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner named above, within six weeks from today, in connection with Pocso 36/16, arising out of Sahar P.S. Case No. 105 of 2016, she shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Bhojpur at Ara, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Ravi/- (Sanjay Priya, J) U T